!**■ / [ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO; 9985 OF 2019 Between: P.Surya Kumar,, S/o P.C.Veeraiah, Aged 70 years Nehru Nagar, Akhil Apartment (102), Tirupati. ...PETITIONER AND 1. The State of Andhra Pradesh,, rep by its Principal Secretary to Government, Revenue (Endowments-1) Department, A.P. Secretariat, Velagapudi, Guntur Dist 522 503, A.P. 2. The Commissioner,, Endowments Department, One Center, Gollapudi, Vijayawada-521225. 3. The Accountant General office,, Saifabad, Khairatabad, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ or order or direction preferably one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying the interest on the delayed payment of pension and other retiremental benefits to the petitioner when there is no fault on the part of the writ petitioner, as illegal, void an against to the part-ill Constitution of India and consequently directed respondents to pay the interest on the delayed payment of pension from 01.08.2007 to actual date of payment. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to sanction and pay the interest on the delayed payment of pension and other benefits at the annum . Counsel for the Petitioner(s):SRI. D V SASIDHAR Counsel for the Respondents: GP FOR SERVICES II THE COURT MADE THE FOLLOWING ORDER: rate of 12% per 1 APHC010225212019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9985/2019 Between; ...PETITIONER P.SuryaKumar, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.D VSASIDHAR Counsel for the Respondent(S); 1.GP FOR SERVICES II The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9985/2019 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . -to issue appropriate writ or order or direction preferably one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the interest on the delayed payment of pension and other retiremental benefits to the petitioner when there is no fault on the part of the writ petitioner as illegal, voidand against to the part-ill Constitution of India and consequently direct the respondents to pay the interest on the delayed payment of pension from 01.08.2007 to actual date of payment and pass...” Heard Sn D.V^.Sasidhar, learned Counsel for the Petitioner and the learned Assistant Government Pleader for Services-ll for the respondents. Learned Counsel for the Petitioner would submit that the Petitioner worked as Assistant Commissioner, Endowments Department and he retired from service on 31.07.2007. But his full pension was not paid since charges were framed against him till April, 2019. Learned Counsel would further submit that after twelve years, he has received full pension. Hence, he is entitled for 12% interest per annum on delayed payment. Learned Counsel would further submit that the respondents have not paid interest, the present petition is filed seeking a direction to the respondents to pay interest on the delayed payment of pension and other retirement benefits. Learned counsel would further submit that he has challenged the punishment imposed against him by the Disciplinary Authority in O.A.No. 5897 of 2015 and it was dismissed vide orders dated 06.12.2017. Thereafter, the Petitioner filed W.P.No. 14518 of 2. 3. 2018 that was allowed by setting aside the punishment imposed against the petitioner and also directed the respondents to pay the pension including the arrears. 4. Learned Assistant Government Pleader for the respondents submit that there is no delay in payment of pension to the petitioner. As the Disciplinary action has been initiated against the petitioner, he could would not get full pension. He has approached the Tribunal by filing O.A.No. 5897 of 2015 which was dismissed. Then, he preferred a writ in W.P.No. 14518 of 2018 which was allowed vide orders dated 05.09.2018. Thereafter, the Government has issued G.O.Rt.No. 230 dated 07.02.2019 and directed the respondent No.2 to take further action for payment of full pension and arrears. The respondent No.2 also issued proceedings directing the respondent No.3 to release the full pension and arrears vide proceedings dated 11.03.2019 in Rc.No. E3/2642/2007. Accordingly, the respondent No.3 in compliance of the directions, paid full pension to the petitioner. Hence, the question of awarding interest for the alleged delay does not arise. Learned Assistant Government Pleader would further submit that the petition shall be dismissed. 5. Considering the submissions made and a fair look at the material record, this Court is of the view that the petition is liable to be dismissed the following reasons. Admittedly, the petitioner on on retired as Assistant Commissioner in the year 2007 i.e., on 31.07.2007. By that time, charges were framed against him in the Disciplinary enquiry. Thereafter, he was found guilty by the authorities and awarded punishment. The petitioner challenged 4 the proceedings before the Tribunal by filingO.A.No. 5897 of 2015 which dismissed on 06.12.2017. Thereafter, the Writ Petition inW.P.No. 14518 of 2018 is preferred and that was allowed on 05.09.2018. was It is beneficial to extract the order passed therein. The Writ Petition is accordingly allowed setting aside the order dated 06.12.2017 passed by the Tribunal in O.A.No. 5897 of 2015 and G.O.Rt.No. 1140, \ Revenue (Vig.lV-1) Department, dated 17.12.2014. The respondents shall release the full pension, including arrears, due to the petitioner expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order.” The record further shows, without any further delay, the respondent- authorities have issued G.O.Rt.No. 230 dated 07.02.2019 for compliance of the order passed by this Court to take all necessary steps for payment of full pension and arrears to the petitioner. Accordingly, the respondent No.3 released the full pension and arrears to the petitioner in obedience to such orders. Pertinent to mention, payment of the interest is not automatic, unless the statute says so. The petitioner cannot ask for the interest as a matter of right. More so, the delay that occurred in giving full pension to the petitioner, because of disciplinary proceedings pending against him and further lead to filing of petitions before the judicial authorities. 6. .f 5 In that view, this Court does not find any reason to consider the plea of the interest. In the result, the Writ Petition is dismissed. 7. Pending applications, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to SRI. D V SASIDHAR Advocate [OPUC] 2. Two CCS to GP FOR SERVICES II ,High Court Of Andhra Pradesh. [OUT] 3. Three CD Copies psk / HIGH COURT DATED:25/03/2025 ORDER WP.No.9985 of 2019 DISMISSING THE WRIT PETITION WITH NO COSTS